Petition to the International Criminal Court: Request for Investigation and Formal Charges Against Aden Duale for Incitement to Violence and Crimes Against Humanity
To: The Office of the Prosecutor
International Criminal Court
Oude Waalsdorperweg 10
2597 AK The Hague
The Netherlands
Submitted by: Concerned Citizens of Kenya and International Human Rights Advocates
Date: August 23, 2025
Preamble
We, the undersigned, representing a coalition of Kenyan citizens, civil society organizations, and international human rights advocates, hereby petition the International Criminal Court (ICC) to initiate an immediate investigation into the actions and statements of Aden Duale, currently serving as Kenya’s Cabinet Secretary for Health. Mr. Duale has a documented history of making inflammatory, divisive, and war-mongering statements that incite tribal hatred, promote violence, and endanger public security.
These statements, spanning over a decade, appear to constitute incitement to genocide, crimes against humanity, or other serious violations under the Rome Statute, particularly Article 25(3)(e) on incitement and Article 7 on crimes against humanity.
Kenya’s history of post-election violence in 2007-2008, which led to over 1,000 deaths and widespread displacement, underscores the grave danger of such rhetoric.
Mr. Duale’s repeated appeals to ethnic divisions and suggestions of violence risk reigniting similar conflicts, especially ahead of the 2027 elections.
We urge the ICC to act swiftly to prevent escalation and hold Mr. Duale accountable.
Background on Aden Duale
Aden Duale is a prominent Kenyan politician who has held key positions, including National Assembly Majority Leader (2013-2020), Cabinet Secretary for Defense (2022-2024), Cabinet Secretary for Environment (2024), and currently Cabinet Secretary for Health (since 2024).
His public statements often invoke tribal identities, particularly purporting to defend or promote Somali and Muslim communities as the facade for targeting others, such as the Kamba and Kikuyu communities.
These remarks have been widely criticized for fostering ethnic animosity and insecurity.
Evidence of Inflammatory and War-Mongering Statements
Below is a compilation of Mr. Duale’s documented statements, demonstrating a pattern of incitement to violence, tribal hatred, and threats that could qualify as direct and public incitement to commit genocide or crimes against humanity.
- Suggestion to Al-Shabaab to Bomb Machakos Instead of Eastleigh (Circa 2013-2014)
In a public address, Mr. Duale chastised Al-Shabaab terrorists for detonating a bomb in Eastleigh (a predominantly Somali area in Nairobi), describing it as an “umbilical cord” for Somalis, and suggested they should have targeted Machakos (a Kamba-dominated area) instead. This statement indirectly encourages terrorist violence against a specific ethnic community (Kamba) while protecting another, constituting incitement to violence and potential support for terrorism. - Threats of Violence Against a Blogger (July 2025)
In leaked audio recordings, Mr. Duale threatened a blogger who criticized him, stating: “We’ll kill each other,” “If you hear a gunshot, put it away,” “I will insert a knife in you,” and “Go fuck yourself.” These direct threats of murder and assault demonstrate a willingness to use violence against critics, fostering a climate of fear and intimidation that could escalate to broader ethnic or political violence. - Incitement Against the Kamba Community (January 2017)
Mr. Duale made remarks accused of inciting his Somali community against the Kamba people. Political leaders publicly stated they would report Duale to the ICC for these inciting comments, which targeted the Kamba ethnic group and risked inter-communal violence. - Hate Speech Clip Targeting Ukambani Leaders (July 2020)
In a circulated video clip, Mr. Duale was accused of hate speech for inciting one community against another in Ukambani. Several leaders demanded his arrest, stating the remarks promoted ethnic division and potential violence. - Implying Violent 2027 Elections Similar to 2007 (August 2025)
Recently, Mr. Duale suggested that the 2027 elections could resemble the violent 2007 polls now that President Ruto and Raila Odinga are aligned, implying tribal realignments could lead to conflict. This war-mongering rhetoric evokes memories of the 2007-2008 violence and risks inciting pre-election unrest. - Threats Against a Garissa Resident Over Insecurity Comments (January 2024)
In a video, Mr. Duale threatened a Garissa resident for speaking out on insecurity, warning of consequences and using intimidating language that could suppress free speech and encourage vigilante violence. - Divisive Remarks on Hijab and Ethnic Profiling (December 2022)
Mr. Duale stated that those opposing Muslim girls wearing hijabs should “find another country to live in,” framing religious and ethnic differences in exclusionary terms that could incite hatred against non-Muslims or other groups. - General Pattern of Tribal Incitement (Ongoing)
Multiple sources document Duale’s role in stoking tribal tensions, including accusations of hate speech in various instances and warnings against ethnic politics in recent years.
Legal Basis for ICC Intervention
Under the Rome Statute:
- Article 7 (Crimes Against Humanity): Mr. Duale’s statements may amount to “other inhumane acts” causing great suffering or incitement to persecution based on ethnic grounds.
- Article 25(3)(e): Direct and public incitement to genocide, as his remarks risk provoking ethnic violence similar to 2007.
- Kenya is a State Party to the Rome Statute, and the ICC has jurisdiction over such crimes committed after July 1, 2002. Domestic mechanisms have failed to hold Mr. Duale accountable, necessitating ICC action.
Call to Action
We respectfully request the ICC Prosecutor to:
- Open a formal investigation into Mr. Duale’s conduct.
- Issue arrest warrants if evidence warrants.
- Monitor Kenya’s political climate ahead of 2027 to prevent violence.
This petition is supported by evidence from credible sources and witnesses willing to testify. We stand ready to provide additional documentation.
Signed,
Francis Gaitho.
